West Virginia Code 32-6-602 – Definitions
In this article, unless the context otherwise requires:
Terms Used In West Virginia Code 32-6-602
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Eligible adult: means a person 65 years of age or older or a person subject to §. See West Virginia Code 32-6-602
- Person: means an individual, a corporation, a partnership, an association, a joint-stock company, a trust where the interests of the beneficiaries are evidenced by a security, an unincorporated organization, a government or a political subdivision of a government. See West Virginia Code 32-4-401
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- State: means any state, territory or possession of the United States, the District of Columbia and Puerto Rico. See West Virginia Code 32-4-401
(1) “Agencies” means adult protective services and the Securities Commission, a Division of the State Auditor’s office.
(2) “Eligible adult” means a person 65 years of age or older or a person subject to §9-6-1 et seq. of this code.
(3) “Financial exploitation” means:
(A) The wrongful or unauthorized taking, withholding, appropriation, or use of securities, money, assets, or property of an eligible adult; or
(B) Any act or omission taken by a person, including using a power of attorney, guardianship, or conservatorship of an eligible adult to:
(i) Obtain control, through deception, intimidation, or undue influence over the eligible adult’s money, assets, or property to deprive the eligible adult of the ownership, use, benefit, or possession of his or her money, assets, or property; or
(ii) Convert money, assets, or property of the eligible adult to deprive the eligible adult of the ownership, use, benefit, or possession of his or her money, assets, or property.